Lexington Workers’ Compensation Attorneys
Those who have suffered a Lexington workplace injury know the impact that this type of injury can have, not just on the employee, but also on their family. For many, an on-the-job injury means not only time missed from work, but also significant medical expenses that can be hard to pay without a steady income. In some cases, an injured worker will suffer long-term repercussions of an injury, and may not be able to return to their previous position. At the Kentucky workers’ compensation law firm of Hessig & Pohl, we help injured workers and their families obtain workers’ compensation benefits in a timely manner, so they can get back to their life as quickly as possible. We offer a Fee Free Guarantee to all prospective clients, which means that, from the free consultation up through the resolution of your claim, you will pay nothing unless we can help you obtain benefits.
Kentucky Workers’ Compensation Law
The Kentucky workers’ compensation program offers injured employees benefits based on their salary. The benefit amount is calculated by taking 66 and 2/3 percent of an injured worker’s weekly pay, up to a maximum weekly benefit of $979. Workers’ compensation benefits will also cover any medical expenses that were needed in the wake of the accident.
One major the benefits of a workers’ compensation claim is that is does not require an injured worker prove who was at fault. In this way, getting approved for benefits can be a much faster process than seeking compensation through a Kentucky personal injury accident.
Kentucky law requires employers to obtain workers’ compensation insurance. When an employee is injured, the injured employee will make a claim through their employer’s workers’ compensation insurance policy. However, employers and their insurance companies do not always play fair when it comes to approving injured workers’ claims. Too often, an insurance company will deny a claim or dispute the extent of an injured worker’s injuries. In these situations, the assistance of a dedicated Lexington workers’ compensation attorney is invaluable.
Under state law, when someone is hurt on the job the injured employee’s default remedy is to file a workers’ compensation claim. However, there are circumstances where an injured employee can pursue a Lexington personal injury claim against their employer. For example, if an employer does not have a workers’ compensation insurance policy, or the employee’s injuries were the result of the employer’s willful or intentional conduct.
Types of Common Workplace Injuries
While certain industries are known to have more dangerous workplaces, a Lexington workplace injury can occur at any job. A few of the most common types of on-the-job injuries include:
- Spine and spinal cord injuries
- Carpal Tunnel Syndrome
- Shoulder injuries
- Lung injuries
- Overexertion injuries
- Broken bones
- Knee injuries
Kentucky workers’ compensation claims cover all types of injuries. However, injured workers often run into problems when trying to establish the seriousness and longevity of their injuries. An experienced Lexington workers’ compensation lawyer can help injured employees complete their application and efficiently obtain benefits.
Types of Lexington Workers’ Compensation Benefits
Employees may be entitled to one of three different types of Lexington workers’ compensation benefits. Additionally, the family of an employee who dies in an on-the-job accident, or from an occupational illness, may be able to recover workers’ compensation death benefits. Of course, the specific type of benefits an employee of their family receives will depend on a variety of factors. Below are the various types of Kentucky workers’ compensation benefits:
Temporary Total Disability (TTD) Benefits: An injured worker is eligible for TTD benefits if they miss work after being injured as a result of their employment. This includes both on-the-job accidents are well as occupational illnesses. Weekly TTD benefits are two-thirds of an employee’s gross pay. Benefits will be paid until the employee is able to return to work, subject to an annual maximum. If an employee’s condition does not improve, or they reach “maximum medical improvement,” they may then apply for Permanent Total Disability Benefits.
Permanent Partial Disability (PPD) Benefits: When an employee is injured on the job and can return to work in a limited capacity, the injured worker may receive PPD benefits. PPD benefits are intended to offset the reduction in pay an employee experiences as a result of their injury. Thus, when awarding PPD benefits, the judge will determine an injured worker’s “percentage of disability” and then come up with a partial wage based on that percentage.
Permanent Total Disability (PTD) Benefits: When an injured worker cannot return to work based on their workplace injury, they are entitled to PTD benefits up until they reach retirement. Weekly PTD benefits are calculated by taking the gross average weekly wage. Rather than pay out on this type of claim each pay period, insurance companies often negotiation lump-sum payments for successful PTD claims.
Death Benefits: When a worker dies in a workplace accident, or from an occupational illness, the worker’s family is eligible for income benefits. The amount of these benefits depends on the deceased employee’s earnings, as well as the number and type of dependents. If an employee dies within four years of an accident, the workers’ estate may receive an additional lump-sum payment.
In addition to ongoing benefits, a successful workers’ compensation claimant can receive compensation for the medical expenses they incurred as a result of the accident. While the process of obtaining Kentucky workers’ compensation benefits is designed to be straightforward, a significant number of first-time claims are denied. Injured workers hoping to obtain benefits quickly should consult with a dedicated Lexington workers’ compensation attorney for immediate assistance.
Consult With a Dedicated Lexington Workplace Accident Injury Law Firm
If you or a loved one has been involved in a Lexington workplace accident, you need and deserve a law firm with experience handling workers’ compensation claims. At Hessig & Pohl, we are ready to help you pursue a claim for workers’ compensation. Our skilled attorneys will quickly obtain all necessary documentation to accurately complete your application and then aggressively negotiate on your behalf to help you obtain the maximum amount of benefits. Over the years, we have helped hundreds of injured workers get the benefits they need. There is no downside to contacting us to help you with your work injury claim. The initial consultation is free. Contact us though this website, or call our office at (502) 777-1111. The initial consultation is always free.
Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.